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Terms and Conditions of Use - please read

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Terms and Conditions of Use

Welcome and thank you for finding the way to the Pho community! Thanks, too, for your interest in using www.pholist.org (the "Site"). By using the Site, you are agreeing to be bound by the terms and conditions posted on the Site from time to time. If this is not agreeable, please do not use the Site.

Use of Contents
First and foremost, please read the Disclaimer paragraphs below. If you don't fully understand them, please do not use the Site. It is important to recognize that the contents ('Contents") of the Site are merely provided to you for your enjoyment to use at your own risk.

Contents of the Site are protected by international copyright, trademark, moral rights and other laws. Most of the Contents are owned by www.pholist.org or licensed for use to www.pholist.org. Use of the Site authorizes you to view and download a single copy of the Contents for your personal use. You may not sell or modify the Contents or reproduce, display, publicly perform, distribute, or otherwise use the Contents in any way for any public or commercial purpose.

Grant of License
You shall at all times retain the ownership of all copyrights to your original works, subject to the following non-exclusive grant: By submitting text, graphics, photos, links, and other audio and/or visual communications of any kind (collectively "Your Materials") to the Site, you affirmatively grant www.pholist.org a non-exclusive, irrevocable, royalty-free worldwide right and license, but not the obligation, in perpetuity, to use, reproduce, modify, publish, edit, translate, distribute, perform, and display Your Materials alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense and assign such rights.

Groups
The Site will enable you to post Your Materials as comments ("Comments") . Comments, discussion forums, chat rooms and news groups, including Usenet and other third party news groups (collectively, the "Groups") are offered as a public service of the Site. www.pholist.org does not endorse or accept responsibility for the contents of any postings to Groups. www.pholist.org does not control, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Groups. Reliance on contents posted in the Groups is at your own risk. Contents of postings to the Groups are the responsibility of the person making the post. As such, Groups may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. You should have no expectation of privacy relating to publicly submitted materials. Please use caution and common sense and exercise proper judgment when using Groups.

www.pholist.org has no obligation to monitor the Groups including, but not limited to, any affirmative duty to review, edit or monitor any content thereof. However, www.pholist.org reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in www.pholist.org's sole discretion.

You are solely responsible for the posting of Your Materials and for any consequences thereof. You warrant that all elements of Your Materials will be original, or in the event that they are not original, they have been legally licensed or transferred to you, and will not violate any law or regulation, or violate or infringe on the rights of any person, including without limitation contractual rights, intellectual property rights, publicity and privacy rights and the rights against defamation, libel, slander or unfair competition, and that no consent, license or permission is necessary or shall be required by www.pholist.org, you or any third party in connection with the uses contemplated herein. You agree to immediately notify www.pholist.org of any challenges or disputes to any rights affecting any elements of Your Materials.

Links
As a convenience, the Site provides links to third party web sites. Links should not be construed as endorsements by www.pholist.org and shall be used at your own risk. www.pholist.org does not endorse or accept responsibility for the links created by any users of www.pholist.org.

IP Addresses
www.pholist.org logs IP addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes. We do not use IP address logs to track your session or your behavior on the site other than the IP address and time of your most recent contact with the site for session management purposes.

Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online. As effective as these measures are, however, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet.

Kids under 13
The Site is not intended for use by children. Do not send any information about yourself to us - including information like your name, address or e-mail address if you are under the age of 13. In general, we do not knowingly collect personally identifiable information from children under 13. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.

Disclaimer
To the maximum extent permitted by applicable law, www.pholist.org provides the www.pholist.org Site and its contents, products and services related to this Agreement "as is". Your use of the Site is at your own risk. If you are dissatisfied with any aspect of the Site, your sole remedy is to discontinue use of the Site. www.pholist.org disclaims all warranties, either express or implied, including but not limited to (1) uninterrupted or continuous availability of the www.pholist.org Site and (2) implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. You acknowledge that Your Materials will be available in unsecured formats and agree to hold www.pholist.org harmless from consequences resulting from copying thereof. Some states do not allow limitations on implied warranties, so the above limitation may not apply. To the maximum extent permitted by applicable law, in no event will www.pholist.org be liable for any damages whatsoever (including, without limitation, consequential, indirect, exemplary, special or incidental damages for loss of goodwill, business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this Agreement or the performance, marketing, licensing or other activity related to this Agreement, or the use or inability to use the www.pholist.org Site, or arising from or related to any software program or data errors or digital transmission errors or failures, regardless of cause, even if www.pholist.org has been advised of the possibility of such damages.

Indemnification
You shall indemnify, defend and hold harmless www.pholist.org from any claim, liability, cost and expense (including attorneys' fees and costs) in connection with any claim which is inconsistent with any agreement, undertaking, representation or warranty made by you herein.

Central Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents to countries or persons prohibited under the export control laws. By downloading the Contents, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents.

Miscellaneous
If you access the Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

All legal issues arising from or related to the use of the Site shall be construed in accordance with and determined by the laws of the State of California, United States of America, without regard to it conflict of laws principles. By using the Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the Site is the United States District Court for the Central District of California, or if such court lacks subject matter jurisdiction, the state courts of California encompassed within the geographic scope of the Central District of California. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

Nothing herein contained shall constitute a partnership between or joint venture by the parties hereto, or constitute either party the agent or employee of the other. You hereby waive any right to, or to seek, injunctive or other equitable relief in connection with any breach or alleged breach of these terms and conditions by www.pholist.org.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between you and www.pholist.org with respect to the use of the Site.